WASHINGTON/SEATTLE, June 27 (Reuters) - The U.S.
National Transportation Safety Board said on Thursday it was
sanctioning Boeing ( BA ) for disclosing non-public details of
an ongoing investigation into a 737 MAX mid-air emergency and
would refer its conduct to the Justice Department.
The NTSB said Boeing ( BA ) had "blatantly violated" the agency's
investigative regulations by providing "non-public investigative
information to the media" and speculating about possible causes
of the Jan. 5 Alaska Airlines door plug blowout.
The move by Boeing ( BA ) has further deepened the strain between
the crisis-hit planemaker and government agencies at a time when
it is trying to avoid criminal charges being weighed by the
Department of Justice (DOJ) ahead of a July 7 deadline.
The NTSB said Boeing ( BA ) would keep its status as a party to the
investigation into the Alaska Airlines emergency but would no
longer see unpublished information produced during its probe
into the accident, which the NTSB has previously said involved
the mid-air blowout of a door plug with four missing bolts.
Industry experts say barring a manufacturer restricts its
ability to access and offer suggestions to an investigation, but
frees it to defend its technology and practices more openly.
"As a party to many NTSB investigations over the past
decades, few entities know the rules better than Boeing ( BA )," the
NTSB said.
Boeing ( BA ) did not immediately reply to a request for comment.
The NTSB said the alleged violation of its protocols took
place during a media briefing about quality improvements at its
commercial airplanes division on Tuesday in Washington State.
"A Boeing ( BA ) executive provided investigative information and
gave an analysis of factual information previously released,"
the agency said. "Both of these actions are prohibited by the
party agreement that Boeing ( BA ) signed."
During the briefing, which was held on Tuesday under an
embargo allowing contents to be published on Thursday, a senior
Boeing ( BA ) executive said the plug had been opened on the assembly
line without the correct paperwork to fix a quality issue with
surrounding rivets, and that missing bolts were not replaced.
The team that came in and closed the plug was not
responsible for reinstalling the bolts, Elizabeth Lund, Boeing's ( BA )
senior vice president of quality, added.
The NTSB said that Boeing ( BA ) had provided it with a transcript
revealing that it had provided non-public information.
"Boeing ( BA ) offered opinions and analysis on factors it
suggested were causal to the accident," it added.
DOJ SCRUTINY
In May, the DOJ said Boeing ( BA ) had violated a 2021 settlement
with prosecutors that shielded it from criminal charges over
interactions with the Federal Aviation Administration prior to
MAX crashes in 2018 and 2019 that killed 346 people.
U.S. prosecutors have recommended criminal charges be
brought against Boeing ( BA ) after finding it violated the deferred
prosecution agreement, Reuters reported on Sunday.
The DOJ has a separate criminal probe into the MAX 9 door
plug emergency.
Thursday's unusual move by the NTSB marks the latest sign of
strains between Boeing ( BA ) and the agency.
In March, NTSB Chair Jennifer Homendy said at a U.S. Senate
hearing that Boeing ( BA ) had failed to provide the names of employees
on its 737 MAX door team for two months, drawing criticism from
lawmakers. Boeing ( BA ) then quickly provided the names.
The NTSB said on Thursday that Boeing ( BA ) had portrayed its
investigation to media as a search to locate the individual
responsible for the door plug work.
"The NTSB is instead focused on the probable cause of the
accident, not placing blame on any individual or assessing
liability," the agency said.
The planemaker will not be allowed to ask questions of other
participants at an investigative hearing on August 6-7, whereas
other participants at the hearing will be allowed to do so.
The criticism of Boeing ( BA ) came after Homendy said on Tuesday
that railroad operator Norfolk Southern ( NSC ) threatened the
board, sought to manufacture evidence and failed to provide
documents during its investigation of a 2023 Ohio derailment.
Under global rules, national agencies carry out civil probes
into air accidents for the sole purpose of finding the cause and
making recommendations to improve safety in future. Such actions
are separate from any judicial probes seeking to attribute
blame.
The NTSB, which applies similar rules to other forms of
transportation, has occasionally revoked access for outside
parties, though such interventions remain rare.
In 2013, the NTSB told United Parcel Service ( UPS ) and its
pilots union they could no longer take part in the investigation
of a crash in Alabama that killed two UPS pilots.
In 2018, the agency removed Tesla as a party to an
investigation into a fatal crash involving a vehicle's
"Autopilot" system. Tesla said it had already decided to
withdraw and accused the NTSB of violating its own rules.